Candee v. Clark
Michigan Supreme Court
Case reserved from Wayne County Court. An action of assumpsit was brought by the plaintiffs in this case, in the County Court, on a promissory note, signed by the defendants, in their partnership name of “Clark & Co.” Both of the defendants appeared, and pleaded severally the general issue, and also severally gave notice, &e., of the rendition of a judgment in the Court of Common Pleas, of Cuyahoga County, Ohio, against defendant Brown, on the same note, &c.
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Case reserved from Wayne County Court. An action of assumpsit was brought by the plaintiffs in this case, in the County Court, on a promissory note, signed by the defendants, in their partnership name of “Clark & Co.” Both of the defendants appeared, and pleaded severally the general issue, and also severally gave notice, &e., of the rendition of a judgment in the Court of Common Pleas, of Cuyahoga County, Ohio, against defendant Brown, on the same note, &c. By a written stipulation, filed in the cause, the execution of the note, the partnership of the plaintiffs, the partnership of the…
1Opinion of the Court
By the Court, Pratt, J.
The note upon which this suit is brought, having been executed by the defendants in their partnership name, is a joint, and not a. joint and several contract. The plaintiffs therefore, in order to maintain the action, must show a valid and subsisting contract against both of the defendants. Is the note such a contract ? Certainly not, if the judgment rendered upon it in Ohio is valid. The validity of that judgment is not controverted; hence, while it remains unreversed and in full force, it is by every principle a legal merger of the note. (2 John. R., 210; 18 Ib., 477;…
2Cases cited3 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Ramsey v. HerndonU.S. Circuit Court for the District of Indiana · 1839
- Trafton v. United StatesU.S. Circuit Court for the District of Maine · 1845
3Cited by6 opinions
- Bonesteel v. ToddMichigan Supreme Court · 1861
- Munn v. HaynesMichigan Supreme Court · 1881
- Union & Planters' Bank of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1901
- Gates v. FiskMichigan Supreme Court · 1881
- Wiley v. HolmesSupreme Court of Missouri · 1859
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